§ 4-89. Open area and patio sales.

(a)

Alcoholic beverage sales can be made by a licensed consumption on premises establishment in a patio/open area type environment if the establishment has been approved as provided in this section.

(b)

The requirements for approval are:

(1)

The patio/open area must be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The only exception to this would be a fire exit as required by building and fire codes. Such fire exit would not be for general public use unless an emergency exists and would be of the type which sounds an alarm so that the establishment would be alerted of unauthorized use if no emergency exists. The height of such structure shall be a minimum of three and one-half feet above the patio floor. The structure is not required to be solid nor does it have to restrict visibility into or out of the patio/open area. The patio/open area shall meet all setback requirements as set forth in the Unified Land Development Code.

(2)

The patio/open area shall not be required to be covered by a roof.

(3)

The patio/open area shall be used merely as an extension of the interior seating area. Service in the patio/open area shall be only by waiter or waitress or by customer self-service at an interior selling location; i.e. no outside bar or service window.

(c)

It is prohibited for an establishment to be in violation of the City of Dallas, Georgia's noise ordinance as defined in section 24-1 of the Code of Ordinances and to allow any noise to be created in a patio/open area which may be heard from a distance of 100 feet from the patio/open area. Any measurement made pursuant to this section shall describe the shortest straight line distance from the patio to the point in question.

(d)

Patio/open area plans must be reviewed and approved on an individual basis by the City of Dallas, Georgia marshal. Patio/open areas must be permitted and approved by the City of Dallas, Georgia's building inspection and fire departments as required by their governing regulations or codes.

(e)

Nothing contained herein shall prohibit a hotel or motel with a consumption on the premises license from making sales and allowing consumption of alcoholic beverages in the patio areas of such hotel or motel. "Patio areas," as that term is used herein, do not have to conform to the standards in this section.

( Ord. No. OA-2015-03, 11-2-2015 )